Boezi v. Erie Insurance Group

72 Pa. D. & C.4th 319, 2005 Pa. Dist. & Cnty. Dec. LEXIS 155
CourtPennsylvania Court of Common Pleas, Lackawanna County
DecidedFebruary 10, 2005
Docketno. 2004 CY 2260
StatusPublished

This text of 72 Pa. D. & C.4th 319 (Boezi v. Erie Insurance Group) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lackawanna County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boezi v. Erie Insurance Group, 72 Pa. D. & C.4th 319, 2005 Pa. Dist. & Cnty. Dec. LEXIS 155 (Pa. Super. Ct. 2005).

Opinion

MINORA, J,

I. INTRODUCTION

Currently before the court is the petitioner’s petition to appoint arbitrators for their unanswered motorist claim.

By way of background, on July 25,2002, the plaintiff, Richard Boezi, was injured in a motor vehicle accident while on duty as a police officer. As a result of his injuries, Mr. Boezi is allegedly permanently and totally disabled. On the date of the subject accident, Mr. Boezi allegedly lived with his mother, wife and four minor children at 733-735 Taylor Avenue, Scranton, Pennsyl[321]*321vania. Mr. Boezi’s mother, Gaetana Boezi, maintained an automobile insurance policy with defendant in this matter, Erie Insurance Group, which policy provided underinsured motorist (UIM) protection for any resident relative. A copy of the subject policy is attached to the hearing transcript of September 28,2004, and marked as defendant exhibit “ 1.” A relative is defined in the policy as “a resident of your household who is a person related to you by blood, marriage or adoption ....” A resident is further defined in the policy as “a person who physically lives with you in your household.” Based upon the nature and extent of his injuries and damages, together with the fact that Mr. Boezi maintains he is a relative and resident of Gaetana Boezi’s household, a claim for UIM coverage under Ms. Boezi’s automobile policy with Erie was made. Erie denied coverage maintaining that Mr. Boezi was not a resident of his mother’s household and has no standing to make a UIM claim.

On September 28, 2004, undersigned held a hearing on the issue of residency. The petitioner presented the testimony of Gaetana Boezi and Richard Boezi. After the conclusion of the testimony, the undersigned directed the parties to submit proposed findings of facts and conclusions of law along with briefs if so desired. The parties did indeed opt to file proposed findings of fact, conclusions of law and written argument, thus rendering this matter ripe for disposition.

II. ISSUES

Whether Richard Boezi is a “resident” of Gaetana Boezi’s household and is therefore entitled to coverage for UIM benefits under her automobile policy issued by Erie Insurance Group.

[322]*322III. JUDICIALLY ACCEPTED FINDINGS OF FACT FROM THE HEARING OF SEPTEMBER 28, 20041

(1) Gaetana Boezi is 65 years old. She is a single parent who resides with her son, Richard Boezi, at 733-735 Taylor Avenue, Scranton, Pennsylvania (the residence). (N.T. p. 5.)

(2) Ms. Boezi purchased the residence with her son, Richard, in 1992. In July 2002,2 Richard Boezi lived with his mother, his wife and four children at the residence. (N.T. pp. 5-6.)

(3) The residence was originally constructed as a side-by-side double family residence. When they took possession of the residence, Ms. Boezi and her son, Richard, moved into the 735 side because it was in better condition. They intended to renovate the 733 side for rental income. (N.T. pp. 6-7,47-48.)

(4) Prior to purchasing the residence, Ms. Boezi and her son, Richard, did not live together. Soon after moving into the residence, Richard Boezi married Lorie Boezi, and she and her three young children moved into residence with Richard and his mother. (N.T. pp. 8-9.)

(5) From the time Lorie Boezi and her children moved into the residence, the family, including Gaetana Boezi, used the side-by-side double family residence as a single family home. (N.T. pp. 9,23-25; pp. 10,1-3.)

[323]*323(6) A common doorway existed at the basement level of the residence allowing free unfettered access between both sides of the residence. The basement areas were used for storage and a family laundry room. (N.T. p. 11.)

(7) Richard Boezi created a second doorway on the second floor to permit even greater access between both sides of the structure so the family could use both sides of the structure and both bathrooms. (N.T. pp. 11-12.)

(8) At the time of the subject accident, Richard Boezi was renovating the third floor. (N.T. p. 12.)

(9) On the first floor at the rear of the residence, a common deck area permitted additional access to and from the kitchens on both sides of the residence. (N.T. p. 13.)

(10) The entire family would normally take meals together on the 733 side of the residence. (N.T. p. 15.)

(11) On Sundays the family dined together on the 735 side of the residence. (N.T. p. 15.)

(12) Lorie Boezi prepared meals for the entire family on a regular basis. (N.T. p. 15.)

(13) On Sundays, Gaetana Boezi prepared meals for the family. (N.T. p. 16.)

(14) Lorie Boezi did the bulk of the grocery shopping for the entire family. (N.T. p. 16.)

(15) Gaetana Boezi purchased individual food items for the family as needed. (N.T. p. 16.)

(16) Lorie Boezi and Gaetana Boezi both do the laundry for the entire family, sometimes together. There is one working washer and two working dryers in the basement of the residence. (N.T. pp. 16-17.)

(17) Gaetana Boezi and Richard Boezi are the owners of record identified on the deed to the residence. (Plain[324]*324tiffs’ exhibit “1”.)

(18) Richard Boezi and Gaetana Boezi are the mortgagees of record for the residence. (N.T. pp. 6, 19 and plaintiffs’ exhibit “4”.)

(19) Gaetana Boezi and Richard Boezi each contribute equally to the payment of the mortgage and taxes. (N.T. p. 19.)

(20) Richard Boezi and Gaetana Boezi are the owners of record of the residence for property tax purposes. (Plaintiffs’ exhibit “3”.)

(21) Richard Boezi and Gaetana Boezi are the named insureds on the policy of homeowner’s insurance for the residence. (Plaintiffs’ exhibit “2”.)

(22) When the Boezi children were younger, Gaetana Boezi regularly assisted her son and daughter-in-law with meal preparation, child care and supervision. (N.T. p. 21.)

(23) Richard Boezi was solely responsible for the upkeep and maintenance of the entire residence. (N.T. p. 22.)

(24) Richard Boezi made all decisions pertaining to maintenance and repair of the entire residence. (N.T. p. 22.)

(25) When the residence was purchased by the Boezis, the utilities were separate and have remained so because conversion of the utilities would be cost prohibitive. (N.T. p. 59.) Further, such a conversion would defeat the structure’s original construction configuration for resale purposes down the road.

(26) When Richard Boezi and Gaetana Boezi purchased the residence, their Erie Insurance agent, Bob [325]*325Maseychick, knew that they used the structure as a single family residence. (N.T. p. 34.)

(27) Richard Boezi and Gaetana Boezi are the named account holders on bank accounts used to pay the household expenses. (N.T. pp. 39-40.)

(28) Gaetana Boezi’s bedroom is located on the 735 side of the structure. (N.T. p. 42.)

(29) The respondent’s agent, Bob Maseychick, advised Richard Boezi and Gaetana Boezi to purchase homeowner’s insurance for the 735 side and renter’s insurance for the 733 side and, at one time, to switch the two policies. (N.T. pp. 46-47.)

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Donegal Mutual Insurance v. State Farm Mutual Automobile Insurance
546 A.2d 1212 (Supreme Court of Pennsylvania, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
72 Pa. D. & C.4th 319, 2005 Pa. Dist. & Cnty. Dec. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boezi-v-erie-insurance-group-pactcompllackaw-2005.